2024 Summary of New York Anti-SLAPP Cases

New York’s amended anti-SLAPP law is now three years old.  Below is a summary of cases over the past three years in which courts have granted anti-SLAPP motions under the amended statute.  This list will be updated monthly. 

 

This summary notes, for each case: (1) the subject matter of the SLAPP; (2) the basic facts of the case; (3) the claims that the court determined were subject to anti-SLAPP dismissal; (4) the attorney representing the SLAPP-filer; (5) the procedural stage at which the court granted the anti-SLAPP motion; and (6) whether the target of the SLAPP prevailed initially in the trial court or after appealing an order denying their anti-SLAPP motion.  

 

In each case, a SLAPP target prevailed on an anti-SLAPP motion, establishing their entitlement to attorneys’ fees under the law’s mandatory fee-shifting provision.  An asterisk is placed next to cases in which either the court has not yet adjudicated the SLAPP target’s entitlement to fees, or it is unclear from the docket whether the court awarded attorneys’ fees after dismissal.

 

The cited court orders can be downloaded for free from WebCivil Supreme: WebCivil Supreme - Case Search (state.ny.us).

 

1.     215 W 84th St Owner LLC v. Bailey, Index No. 153752/2022 (NY County, Sep. 12, 2022); Appeal No. 450 Case No. 2022-04072 (First Department, Jun. 13, 2023)

Subject matter: Landlord-tenant; petitioning activity - litigation

Facts: A landlord sued a lawyer and law firm for conduct while representing a tenant in a holdover proceeding in Housing Court – specifically, advising their client to apply to the Emergency Rental Assistance Program for assistance with rental arrears in order to stay the landlord’s holdover suit.

SLAPP Claims: Abuse of process, tortious interference

Attorneys for Plaintiff: Morrison Cohen LLP

Procedural stage: pleadings

Outcome: Prevailed on appeal

2.     AA Medical P.C. v. Keane, Index No. 601108/2022 (Suffolk County, Oct. 24, 2022)

Subject matter: Employment

Facts: An orthopedic surgeon’s office sued its former administrative assistant for, among other things, telling customers that the company had obtained fraudulent Google reviews.

SLAPP Claims: Business disparagement

Attorneys for Plaintiff: Law Office of Tejal Shah

Procedural stage: pleadings

Outcome: Prevailed in the trial court

3.     Amuze v. Better Business Bureau, Index No. 651529/2022 (NY County, Mar. 3, 2023)*

Subject matter: Consumer review

Facts: Amuze, an online clothing retailer, sued the Better Business Bureau of Grreater Maryland, a consumer review website, for hosting negative comments about Amuze from customers.

SLAPP Claims: defamation, intentional infliction of emotional distress

Attorneys for Plaintiff: Gulko Schwed LLP

Procedural stage: pleadings

Outcome: Prevailed in the trial court

 

4.     Aristocrat Plastic Surgery P.C. v. Silva, Index. No. 153200/21 (NY County, Aug. 20. 2021); Appeal No. 15597, Case No. 2021-03637 (First Department, May 19, 2022)

Subject matter: Consumer review

Facts: A plastic surgeon’s office sued a patient for posting consumer reviews on Yelp and Realself accusing her doctor of botching her surgery.

SLAPP Claims:  defamation, tortious interference, intentional infliction of emotion distress

Attorneys for Plaintiff: Bronster LLP

Procedural stage: pleadings

Outcome: Prevailed on appeal

 

5.     Behar v. Daily News, Index No. 154447/2022 (NY County, Apr. 24, 2023)

Subject matter: Media - news reporting

Facts: Steven Behar, a candidate for New York City Council, sued the Daily News and one of its journalists for negative coverage during an election cycle.

SLAPP Claims:  defamation

Attorneys for Plaintiff: Michael G. Scala, Esq.

Procedural stage: pleadings

Outcome: Prevailed in the trial court

 

6.     Brown v. 287 LES JV LLC, Index No. 152386/2022 (NY County, Aug. 16, 2022)*

Subject matter: Landlord-tenant; petitioning activity - litigation

Facts: Condominium unit owners sued a building owner for construction defects, and the building owner asserted a counterclaim for defamation for distributing a letter to other unit owners criticizing the building owner.

SLAPP Claims: defamation

Attorneys for defendant/counter-claim plaintiff: Quinn McCabe LLP

Procedural stage: pleadings

Outcome: Prevailed in the trial court

 

7.     Carey v. Carey, Index No. 152192/2021 (NY County, Feb. 15, 2022)*

Subject matter: Media - book publishing

Facts: The Plaintiff, Mariah Carey’s older brother, sued Mariah Carey and the Macmillan Publishing Group, the publisher of her memoir, for allegedly defamatory statements in her memoir about her brother.

SLAPP Claims:  defamation

Attorneys for plaintiff: Richard A. Altman, Esq.

Procedural stage: pleadings

Outcome: Prevailed in the trial court

8.     Comic Strip Productions v. Envivo, LLC, Index No. 150484/2022 (NY County, Apr. 11, 2023)*

Subject matter: Media - news reporting

Facts: A comedy club sued an online news publication for reporting on the comedy club’s commentary on Instagram likening COVID vaccine mandates to the persecution of Jews during the holocaust.

SLAPP Claims: defamation

Attorneys for plaintiff: Mark Yosef, Esq.

Procedural stage: pleadings

Outcome: Prevailed in the trial court

 

9.     Epoch Group, Inc. v. Politico, LLC, Index No. 652753/2021 (NY County, Dec. 9, 2021)

Subject matter: Media - news reporting

Facts: A news outlet, The Epoch Times, sued another news outlet, Politico, for an article depicting the Epoch Times as an extremist and pro-Trump news source.

SLAPP Claims: defamation

Attorneys for plaintiff: Lewis & Lin, LLC

Procedural stage: pleadings

Outcome: Prevailed in the trial court

 

10.  Gillespie v. Kling, Index No. 158959/2021 (NY County, Nov. 2, 2022)

Subject matter: Media - podcast; domestic dispute

Facts: The plaintiff sued his ex-spouse for discussing allegations of domestic abuse on a podcast, allegedly in violation of a non-disparagement provision in their separation agreement.

SLAPP Claims: defamation, breach of contract

Attorneys for plaintiff: Richard A. Altman, Esq.

Procedural stage: pleadings

Outcome: Prevailed in the trial court

11.  Golan v. Daily News, Index No. 151135/2022 (NY County, Oct. 3, 2022)

Subject matter: Media - news reporting

Facts: The plaintiff, a real estate developer, sued the Daily News and one of its journalists for an article accusing the plaintiff of dishonest business practices.

SLAPP Claims: defamation

Attorneys for plaintiff: Richard A. Altman, Esq.

Procedural stage: pleadings

Outcome: Prevailed in the trial court

12.  Goureau v. NBC Universal Media, LLC, Index No. 160490/2021 (NY County Feb. 7, 2023, July 19, 2023

Subject matter: Commercial dispute

Facts: The owners of a chain of women’s luxury retail clothing stores sued the producers and host of The Profit, a business-themed reality television show in which the host helps small businesses grow, for alleged fraud in its commercial dealings with plaintiffs.

SLAPP Claims: various claims, including fraud, breach of fiduciary duty, breach of contract, and breach of the implied covenant of good faith and fair dealing, unjust enrichment, and defamation

Attorneys for plaintiff: Gerard Fox Law, P.C.

Procedural stage: pleadings

Outcome: Prevailed in the trial court

 

13.  Great Wall Medicine P.C. v. Levine, Index No. 157517/2017 (NY County, Mar. 8, 2022)

Subject matter: Consumer review

Facts: A medical office sued a former patient for consumer reviews on Yelp, Zocdoc, and Facebook accusing the plaintiff of unethical medical and billing practices

SLAPP Claims: defamation

Attorneys for plaintiff: Lewis & Lin LLC

Procedural stage: pleadings

Outcome: Prevailed in the trial court

 

14.  Haart v. Scaglia, Index No. 158329/2022 (NY County, May 11, 2023)

Subject matter: Media – reality television, news reporting

Facts: The plaintiff, a fashion designer who appeared on the Netflix reality television show My Unorthodox Life, sued her ex-husband for defamation based on his allegedly defamatory public media campaign against her following their divorce.

SLAPP Claims: defamation

Attorneys for plaintiff: Anderson Kill, P.C., Lavely & Singer PC

Procedural stage: pleadings

Outcome: Prevailed in the trial court

 

15.  Harris v. American Accounting Association, 20 Civ. 01057 (NDNY Nov. 24, 2021)

Subject matter: Academic publishing

Facts: A Syracuse University Professor sued the American Accounting Association for publishing an article that plaintiff alleged plagiarized his work and passed off his findings as the authors’ own.

SLAPP Claims: common law unfair competition

Attorneys for plaintiff: None (pro se)

Procedural stage: pleadings

Outcome: Prevailed in the trial court

 

16.  Javino v. Newsday, Index No. 607954/2023 (Suffolk County, Sep. 12, 2023)*

Subject matter: Media – news reporting

Facts: The plaintiff sued the Long Island news publication Newsday for defamation based on the mistaken inclusion of plaintiff’s photograph in an article about the criminal sentencing of a boat captain who intentionally sank his boat to avoid the expense of lawfully retiring the boat.

SLAPP Claims: defamation

Attorneys for plaintiff: None (pro se)

Procedural stage: pleadings

Outcome: Prevailed in the trial court

 

17.  Kearns v. Ishida, Index No. 161364/2020 (NY County, June 8, 2021; Oct. 7, 2022)

Subject matter: Consumer review

Facts: A cosmetic surgeon sued a patient for posting a consumer review on Yelp criticizing the plaintiff’s medical and customer service practices.

SLAPP Claims: defamation

Attorneys for plaintiff: Ralph A. Erbaio, Jr.

Procedural stage: pleadings

Outcome: Prevailed in the trial court

18.  Khandker v. Maria, Index. No. 708671/2020 (Queens County, Aug. 17, 2021)

Subject matter: Sexual assault; social media

Facts: A doctor sued several former patients for social media posts and a Change.org petition accusing the plaintiff of sexual assault.

SLAPP Claims: defamation, tortious interference, prima facie tort

Attorneys for plaintiff: Lewis & Lin, LLC; Aaron M. Rubin, Esq.

Procedural stage: summary judgment

Outcome: Prevailed in the trial court

 

19.  Moby v. Morgan Stanley, Index. No. 159425/2021 (NY County, Sep. 8, 2022)

Subject matter: Commercial dispute

Facts: An Italian shipping company sued its United States and European creditors for allegedly sharing insider information in the course of discussions in opposition to a proposed corporate restructuring and for related litigation activity. 

SLAPP Claims: tortious interference

Attorneys for plaintiff: Quinn Emmanuel Urquhart & Sullivan, LLP

Procedural stage: pleadings

Outcome: Prevailed in the trial court

 

20.  Money Ground, Inc. v. Eldridge St. Block Association, Index No. 157396/2022 (NY County, May 10, 2023)

Subject matter: Business licensing; petitioning activity - litigation

Facts: The plaintiff, who sought to open a bar and tavern and applied for a liquor license, sued a community organization and several of its members for opposing the application at a Community Board meeting and for bringing an Article 78 proceeding challenging the New York State Liquor Authority’s decision granting the license.

SLAPP Claims: abuse of process, commercial disparagement, and tortious interference

Attorneys for plaintiff: Abrams, Gorelick, Friedman & Jacobson, LLP

Procedural stage: summary judgment

Outcome: Prevailed in the trial court

21.  Mora v. Koch, Index No. 2022/54141 (Dutchess County, Apr. 4, 2023)

Subject matter: Petitioning activity - administrative complaint

Facts: A judge sued an office manager at an ophthalmology office for submitting a complaint to New York Office of Judicial Conduct after the plaintiff allegedly refused to wear a face mask in the medical office and engaged in a dispute with the defendant over the medical office’s masking requirement.

SLAPP Claims: defamation

Attorneys for plaintiff: Michael H. Sussman, Esq.

Procedural stage: pleadings

Outcome: Prevailed in the trial court

 

22.  Myers v. Mobilization for Justice, Index No. 528314/2019 (Kings County, Feb. 1, 2021)*

Subject matter: Landlord-tenant; petitioning activity – litigation

Facts: A landlord sued a tenant and its non-profit counsel for bringing an action in housing court seeking to remedy repair issues.

SLAPP Claims: tortious interference

Attorneys for plaintiff: Law Offices of Lee M. Nigen

Procedural stage: pleadings

Outcome: Prevailed in the trial court

 

23.  Omansky v. Tribecca Citizen LLC, Index No. 160658/2021 (NY County, Aug 24, 2022)

Subject matter: Media – news reporting

Facts: A cooperative unit owner sued a local newspaper for criticizing the plaintiff for causing the cooperative to incur debt and for alleged criminal conduct.

SLAPP Claims: defamation

Attorneys for plaintiff: None (pro se)

Procedural stage: pleadings

Outcome: Prevailed in the trial court

24.  Torres v. Marrero, Index. No. 154253/2020 (NY County, Aug. 2, 2022)*

Subject matter: Dispute among neighbors

Facts: The plaintiff sued her neighbor for making complaints at a town hall meeting, to the local police, and to the plaintiff’s employer, regarding construction activity on the plaintiff’s property.

SLAPP Claims: defamation

Attorneys for plaintiff: Theodore Herlich, Esq.

Procedural stage: pleadings

Outcome: Prevailed in the trial court

25.  Transport Workers Union of Greater New York v. Singla, Index No. 509546/2020 (Kings County, Feb. 3, 2023)*

Subject matter: Employment; petitioning activity - litigation

Facts: A union sued its former employee for allegedly violating her separation agreement by representing a former union employee in a discrimination lawsuit against the union.

SLAPP Claims: breach of contract

Attorneys for defendant/counter-claim plaintiff: Isaacs Bernstein, P.C.

Procedural stage: summary judgment

Outcome: Prevailed in the trial court

 

26.  Travis v. Daily Mail, Index No. CV-010973-22NY (NY County, Mar. 31, 2023)*

Subject matter: Media – news reporting

Facts: The plaintiff sued the Daily Mail for describing her as a “prostitute” in coverage of alleged assault by former governor Eliot Spitzer.

SLAPP Claims: defamation

Attorneys for plaintiff: None (pro se)

Procedural stage: pleadings

Outcome: Prevailed in the trial court

27.  Trump v. Trump, Index No. 453299/2021 (NY County, May 3, 2023)

Subject matter: Media - news reporting

Facts: Former president Donald Trump sued the New York Times for allegedly causing his sister to share confidential documents with the paper in violation of a settlement agreement.

SLAPP Claims: Tortious interference, unjust enrichment

Attorneys for Plaintiff: Habba Madaio & Associates

Procedural stage: pleadings

Outcome: Prevailed in the trial court

 

28.  Vaughn v. Giovanni Xu, Index. No. 160322/2020 (NY County, Aug. 17, 2022)

Subject matter: Discrimination in education; social media

Facts: A former teacher at the Manhattan school of music sued two of her former students for accusing her of race and sexual orientation discrimination on social media

SLAPP Claims: Defamation

Attorneys for Plaintiff: Criscione Ravala, LLP

Procedural stage: pleadings

Outcome: Prevailed in the trial court

29.  VDARE v. NY Times, Index No. 156665/2020 (NY County, July 28, 2022)

Subject matter: Media - news reporting

Facts: An anti-immigration organization sued the NY Times for articles portraying the organization as a hate group.

SLAPP Claims: Defamation

Attorneys for Plaintiff: Frederick C. Kelly, Esq.

Procedural stage: pleadings

Outcome: Prevailed in the trial court

30.  Washington v. Netflix Productions, LLC, Index No. 807646/2021E (Bronx County, Aug. 2, 2022)*

Subject matter: Media - documentary

Facts: The parents of a subject of a documentary sued Netflix for using their likenesses and names without permission and for related factual misrepresentations and emotional distress.

SLAPP Claims: Defamation, intentional infliction of emotional distress, negligent infliction of emotion distress

Attorneys for Plaintiff: Seskin & Seskin

Procedural stage: pleadings

Outcome: Prevailed in the trial court

 

31.  Zeitlin v. Cohan, Index No. 156829/2021 (NY County, Aug. 24, 2022)

Subject matter: Media – news reporting

Facts: The plaintiff, the CEO of Coach and Kate Spade, sued a ProPublica journalist for reporting allegations of sexual misconduct.

SLAPP Claims: Defamation, intentional infliction of emotional distress, negligent infliction of emotion distress

Attorneys for Plaintiff: Abrams Fensterman; Clare Locke

Procedural stage: pleadings

Outcome: Prevailed in the trial court